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The digital estate
Drachovská, Karolína ; Elischer, David (advisor) ; Dvořák, Jan (referee)
The digital estate Abstract More and more social relations are moving online and, just as technology is evolving, the law must also respond to new challenges. One of such challenges, that builds on the massive advances in the online world, is digital inheritance. Therefore, as a focal point of the whole thesis, I ask what happens to digital assets, i.e. the values that each of us creates in our online activities, in the event of our death. Czech law does not contain any special provisions for the inheritance of digital assets. Therefore, succession depends on the relevant provisions under which we assess succession mortis causa today. The choice of a particular legal rule depends on the subject matter of the digital estate. The legislation at the time does not even contain a legal definition of the term of digital estate (digital inheritance). In general, this term can be understood as all digitally stored data that may be part of the testator's sphere of legal disposition. The scope of this term is therefore filled by a whole range of values of different nature. Therefore, I distinguish three groups of digital assets for which common rules of inheritance can be defined. I devote the first and most extensive section to the inheritance of internet accounts intended for communication (specifically, e-mail...
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Principles of the law of inheritance ind the Czech lands before its codification in 1811
Klucová, Monika ; Kindl, Vladimír (advisor) ; Soukup, Ladislav (referee)
This diploma thesis [in the master's course], drawn up at the Faculty of Law of Charles University in Prague, deals with the principles of the law of inheritance in Bohemia prior to its codification in 1811. Although inheritance law is one of the oldest branches of law, and was very thoroughly developed in ancient Roman law, in our territory it actually started to develop some more only after the Hussite movement. That is due to the fact that in the Middle Ages, the prevailing concepts were the ruler's right to bona vacantia and family indivisible ownership ["rodinný nedíl" in Czech], both of which did not really make it possible to pass estate from the deceased to their heirs. Therefore the aim of the thesis is to examine and gain a deeper insight into the historical development and historical contexts of the law of inheritance in our territory, which had preceded its modern form that was first codified in Allgemeines bürgerliches Gesetzbuch [the General Civil Code], which accepted the structure of the Inheritance Patent of Joseph II in 1811. Part One of the thesis, Introduction, briefly discusses the law of inheritance as a specific element of legal science, the principles of inheritance law, and inheritance conditions and titles. Part Two, Excursion into History - Inheritance in Roman Law,...
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